axp817
01-30 01:51 PM
Unfortunately I don't have answers to any of your questions. Since you have a competent and friendly attorney, you might want to ask them about self employment.
If you port to self employment using AC-21, maybe you could send that as documentation to the USCIS. Also, in such a case, how does one show that one is getting paid? There is no payroll for the self employed, as far as I understand, so do you have to show some other form of income? like revenue generated by your company or something like that?
If you port to self employment using AC-21, maybe you could send that as documentation to the USCIS. Also, in such a case, how does one show that one is getting paid? There is no payroll for the self employed, as far as I understand, so do you have to show some other form of income? like revenue generated by your company or something like that?
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optimystic
03-22 09:51 PM
Optimystic!
Did you see any LUDs on your 485 over the past few months?
Thanks,
The latest LUDS on our 485s were around Dec 17 2007. That was around the time we got our AP. No other updates after that.
Did you see any LUDs on your 485 over the past few months?
Thanks,
The latest LUDS on our 485s were around Dec 17 2007. That was around the time we got our AP. No other updates after that.
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desi3933
01-31 05:56 PM
first of thanks a lot for taking time and explaining this in detail.
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem. assuming u r getting RFE in future. this realy is crazy.
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem. assuming u r getting RFE in future. this realy is crazy.
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
2011 black and white tiger face
CSPAvictim
07-09 06:53 PM
I have a question: If this is indeed an internal DOS regulation, which it most probably is, does it mean that DOS can make changes without sufficient notice to the applicants/public? Does the Administrative Procedures Act come into play in such a situation?
Remember this is internal DoS regulation and not a US Code or Law. They can change at any time and way they want to.
The whole law-suit is essentially about hardship caused to applicants in multiple dimensions with a sprinkling of violation of law (info on which is still quiet hazy )to give some back-bone to the argument in the law-suit!
Remember this is internal DoS regulation and not a US Code or Law. They can change at any time and way they want to.
The whole law-suit is essentially about hardship caused to applicants in multiple dimensions with a sprinkling of violation of law (info on which is still quiet hazy )to give some back-bone to the argument in the law-suit!
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sanju
11-11 10:32 PM
Almost all my personal friends I spoke to recently who did not want to help with IV stuff, now proudly claim "As Obama has become the president, he will do something for us to get the green card"
The hope continues :)
People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments
Its kind of a funny situation, and dangerous at the same time. This is a setup for a perfect storm and these idiot "friends" are planning for sunny days ahead. I guess someone forgot to turn on the weather channel, which in this situation is equivalent to "using common sense".
I am sorry to say this but all these "friends" are actually not your friends. Its better to have a wise foe than foolish friends.
Intelligence is about matching the dots and foresee the coming events, which always tend to cast their shadow before they appear. Idiots tend to overlook the dots, and they continue to live in fools paradise. The problem is not the formation of a perfect storm, the problem is most of these "friends" will be caught off-guard, and the ship will take everyone down with them. I wish I knew of a better way to desrcibe the current situation.
.
The hope continues :)
People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments
Its kind of a funny situation, and dangerous at the same time. This is a setup for a perfect storm and these idiot "friends" are planning for sunny days ahead. I guess someone forgot to turn on the weather channel, which in this situation is equivalent to "using common sense".
I am sorry to say this but all these "friends" are actually not your friends. Its better to have a wise foe than foolish friends.
Intelligence is about matching the dots and foresee the coming events, which always tend to cast their shadow before they appear. Idiots tend to overlook the dots, and they continue to live in fools paradise. The problem is not the formation of a perfect storm, the problem is most of these "friends" will be caught off-guard, and the ship will take everyone down with them. I wish I knew of a better way to desrcibe the current situation.
.
frostrated
08-21 11:20 AM
I am NOT here illegally. I was told BY someone at USCIS when I submitted the first application that as long as I was submitting requested applications and the required fees, I was not considered an illegal alien. If that was the case, why has no one at USCIS ever told me that? They know where I live, who I live with and everything else they need to know, I have no secrets from them, but not once have I received a letter, phone call or anything else to request for me to leave. I guess those of you that are professionals or those who already have a green card, are better than people like myself who are considered blue collar. I don't receive a dime for what I do, room and board is it so therefore I am not taking away anything from Americans who were born in this country.
In 2003 when I arrived here, PASSPORTS WERE NOT REQUIRED. I had a birth certificate and valid driver's license, that is all customs asked for at the Toronto airport and that is all I gave them. IF passports were required, I would have gotten one, but since they were not, what was I to do? I am not from an overseas country and I have visited the US most of my life as a child and as an adult without any trouble and was never asked for a passport. All that changed in 2005 - not my fault.
I came here looking for some assistance but seem to have gotten a bunch of sarcastic comments that are really not helpful and weren't necessary.
It's funny how you make assumptions and you all are here for similar reasons and needed help at some point. As for not criticizing USCIS for doing their job right - I doubt you would say the same thing if you were my shoes. I do not appreciate the criticism or sarcasm, I thought this was supposed to be a place to get some help, I guess I was wrong.
I won't be back.
It is true that when you entered the country, passports were not required of Canadian citizens. But you overlook one aspect. Canadian citizens who are visitors to the United States need to leave at the end of 6 months. Any visitor who stays beyond six months is accuring illegal stay. If you came in 2005, either in late 2005 or early 2006 you started to accure illegal stay. This is not a fault of the USCIS, but yours in not finding out about the rule. Also, A visitor who intends to live, work or study in the U.S. may be permanently barred from the U.S. Please refer to Canadian Citizens • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/canadians.asp) for more details on your stay.
As for blaming the USCIS for not notifying you earlier, there are a plethora of applications pending before yours, so it will take time for them to look at your application. The additional forms that USCIS has asked you, were forms that you need to have sent when you applied your I-485. These were all suplments you would have found had you looked up the filing instructions. no I-485 can be approved without those forms. It has been law since the early 1990s when the law was made.
And, since you entered the country to marry your fiance, when that did not happen, you should have left and re-applied through another means. If the people you are looking after cannot afford to pay for your adjustment, and pay you only food and board, they are in fact breaking the law by hiring an illegal alien. Room and food is considered pay as far as USCIS is concerned.
In 2003 when I arrived here, PASSPORTS WERE NOT REQUIRED. I had a birth certificate and valid driver's license, that is all customs asked for at the Toronto airport and that is all I gave them. IF passports were required, I would have gotten one, but since they were not, what was I to do? I am not from an overseas country and I have visited the US most of my life as a child and as an adult without any trouble and was never asked for a passport. All that changed in 2005 - not my fault.
I came here looking for some assistance but seem to have gotten a bunch of sarcastic comments that are really not helpful and weren't necessary.
It's funny how you make assumptions and you all are here for similar reasons and needed help at some point. As for not criticizing USCIS for doing their job right - I doubt you would say the same thing if you were my shoes. I do not appreciate the criticism or sarcasm, I thought this was supposed to be a place to get some help, I guess I was wrong.
I won't be back.
It is true that when you entered the country, passports were not required of Canadian citizens. But you overlook one aspect. Canadian citizens who are visitors to the United States need to leave at the end of 6 months. Any visitor who stays beyond six months is accuring illegal stay. If you came in 2005, either in late 2005 or early 2006 you started to accure illegal stay. This is not a fault of the USCIS, but yours in not finding out about the rule. Also, A visitor who intends to live, work or study in the U.S. may be permanently barred from the U.S. Please refer to Canadian Citizens • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/canadians.asp) for more details on your stay.
As for blaming the USCIS for not notifying you earlier, there are a plethora of applications pending before yours, so it will take time for them to look at your application. The additional forms that USCIS has asked you, were forms that you need to have sent when you applied your I-485. These were all suplments you would have found had you looked up the filing instructions. no I-485 can be approved without those forms. It has been law since the early 1990s when the law was made.
And, since you entered the country to marry your fiance, when that did not happen, you should have left and re-applied through another means. If the people you are looking after cannot afford to pay for your adjustment, and pay you only food and board, they are in fact breaking the law by hiring an illegal alien. Room and food is considered pay as far as USCIS is concerned.
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niklshah
09-10 02:37 PM
can some one pls post the link for live telecast
thanks
thanks
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GCKaMaara
10-15 01:02 PM
OK. May be my post was little misguiding. I never intended to distinguish EB3 and EB2 situations. We all are in same boat. Just need to counter the issue - one of the proposal was to do a flower campaign. I am not sure you were on forum when we did last time. It was a huge success. I am requesting to do it one more time!
I support the idea of flower campaign. ItIsNotFunny, what is the date you are proposing?
I support the idea of flower campaign. ItIsNotFunny, what is the date you are proposing?
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vgayalu
11-02 02:45 PM
any one got approval after submitting recent RFE?
In my kids case after one week we got approval notice. In general it takes two / three days.
In my kids case after one week we got approval notice. In general it takes two / three days.
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monkeyman
09-27 10:28 AM
I have worked in France and Belgium for a little over an year and this is my personal experience - the work environment at that time 2000 - 01 was alright. However, I had to struggle with language barriers and worse of all - the keyboard barriers. The standards in IT industry were very very different and though it was an experience, the learning curve was huge. Personally, I would much rather prefer to be in US or better still in UAE I'd think.
Next, I have been reading a lot about reverse brain drain - where families were going back home. I also heard about some site about return2India.com. And my brother took the step after pondering over it for an year - he had it all - GC, a family here, job at you know where in Seattle - and his experience has been an enlightment - he is now struggling with work life ratio - he spends most of the day/night at work and he has to pay bills at the bank and he has no clue what is going on at the school and somehow, his team in India thinks he is a smartass because he tries to apply certain standards (which ofcourse is normal here) and he speaks with an accent. And yes, if you studied here and lived for 10 years, you too will have the accent. But, he says he is very satisfied and happy to be there.And then he says, the pay scale is sufficient for him and his family to lead the Indian dream. We should have some way of commuicating with such expatriates too!!!
Next, I have been reading a lot about reverse brain drain - where families were going back home. I also heard about some site about return2India.com. And my brother took the step after pondering over it for an year - he had it all - GC, a family here, job at you know where in Seattle - and his experience has been an enlightment - he is now struggling with work life ratio - he spends most of the day/night at work and he has to pay bills at the bank and he has no clue what is going on at the school and somehow, his team in India thinks he is a smartass because he tries to apply certain standards (which ofcourse is normal here) and he speaks with an accent. And yes, if you studied here and lived for 10 years, you too will have the accent. But, he says he is very satisfied and happy to be there.And then he says, the pay scale is sufficient for him and his family to lead the Indian dream. We should have some way of commuicating with such expatriates too!!!
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lazycis
01-18 11:58 AM
US Code, Title 8 � 1304. Forms for registration and fingerprinting
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
So at least make a copy of your I-94/approval notice/GC and keep it in your wallet.
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
So at least make a copy of your I-94/approval notice/GC and keep it in your wallet.
hot White Tiger Face
DDD
03-13 06:44 PM
I voted eilsoe. The reason being his model and render seems more fundamentally sound. Thirdworldwoman's was cool but the proportions were off. All in good work all of ya'll
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house bust of a white tiger with
varshadas
01-31 10:10 PM
Unfortunately, you guys are late for the conference call today. Let us have a conference call tomorrow then. Let us do it at 10.30 PM or even in the day I can spare sometime as I am working from home tomorrow. Everyone, please check in here multiple times during the day. I know it is irritating but I think it is the only way since I do not have access to any of my personal accounts at work. Sanjay had sent an updated document with his comments.
In essence, the flyer should not be too wordy. It should have few necessary words and we have to reformat it with the size, color and format to make it appear.
Let us have a call tomorrow and finalize the flyer so we are ready to print on Friday.
Thanks,
Varsha
In essence, the flyer should not be too wordy. It should have few necessary words and we have to reformat it with the size, color and format to make it appear.
Let us have a call tomorrow and finalize the flyer so we are ready to print on Friday.
Thanks,
Varsha
tattoo The Mountain White Tiger Face
mchundi
07-24 10:32 AM
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
It might be tough to push them to take a decesion like this.
On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
--MC
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
It might be tough to push them to take a decesion like this.
On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
--MC
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pictures White Tiger Face Design
MahaBharatGC
09-21 02:14 PM
Count me in.
This wait is killing us.
YES YES YES.
Yesterday was my last day of Canadian Blue Card expiry. I left it as I was able to file for I-485 during July 07 magic. I am in for whatever the fight it takes.
This EAD renewal funda is killing us...
Just does not make sense for lack of timelines on EAD Renewals, no proper insights. Why would they need to take 3 months time for renewals?:confused:
This wait is killing us.
YES YES YES.
Yesterday was my last day of Canadian Blue Card expiry. I left it as I was able to file for I-485 during July 07 magic. I am in for whatever the fight it takes.
This EAD renewal funda is killing us...
Just does not make sense for lack of timelines on EAD Renewals, no proper insights. Why would they need to take 3 months time for renewals?:confused:
dresses #39;White Tiger#39; - Singapore
anilsal
12-26 03:50 PM
MasterCard is quite attractive with the new WorldPoints concept. A point for every dollar spent. When you have sufficient points, you can get air tickets etc.
An issue with Discover card is that it is not widely accepted outside the US - not in Canada or in Europe (the merchant will have to call some number to get authorization). Amex is usable worldwide.
Many merchants do not accept either Amex or Disc in the US.
An issue with Discover card is that it is not widely accepted outside the US - not in Canada or in Europe (the merchant will have to call some number to get authorization). Amex is usable worldwide.
Many merchants do not accept either Amex or Disc in the US.
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makeup white tiger face paint.
alex99
03-24 09:29 AM
This was already done before. Sorry to repost again.
I have downloaded the MS Access data(from Flatdatacenter..) and wrote queries :
I could get labor cases filed for INDIANS only for years 2007,2006,2005. For other years the data is not available.
Folloing are the details:
YEAR-TOTAL Cases Certified - INDIA count
-------------------------------------------
2000-70,000
2001-77921
2002-79784
2003-62912
2004-43,582
2005-6133-1350
2006-79,782- 22,298
2007-85112 - 24,573
I have downloaded the MS Access data(from Flatdatacenter..) and wrote queries :
I could get labor cases filed for INDIANS only for years 2007,2006,2005. For other years the data is not available.
Folloing are the details:
YEAR-TOTAL Cases Certified - INDIA count
-------------------------------------------
2000-70,000
2001-77921
2002-79784
2003-62912
2004-43,582
2005-6133-1350
2006-79,782- 22,298
2007-85112 - 24,573
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akilhere
10-12 03:42 PM
Hi 'akilhere',
You should go for new medical report as last one is too old. For vaccinations, you can use your last report but for TB and other blood test, you should go for recent.
I'm not sure whether RFE would be for medical report. In my case, my civil surgeon was not in USCIS's current list of authorised civil surgeons and somehow, my x-ray report was missing from report also.
It may be EVL. In either case, it is easy work as you have not changed your employer (no AC-21 issue).
I got the RFE. Its says that the civil surgeon did not attach the copy of the radiologist report to form I-693. It needs the report on an official letterhead.
It also says that I don't need to take another medical exam for this.
I've contacted the Doctor's office and asked them for the same. Did you get the same RFE?
Thanks,
You should go for new medical report as last one is too old. For vaccinations, you can use your last report but for TB and other blood test, you should go for recent.
I'm not sure whether RFE would be for medical report. In my case, my civil surgeon was not in USCIS's current list of authorised civil surgeons and somehow, my x-ray report was missing from report also.
It may be EVL. In either case, it is easy work as you have not changed your employer (no AC-21 issue).
I got the RFE. Its says that the civil surgeon did not attach the copy of the radiologist report to form I-693. It needs the report on an official letterhead.
It also says that I don't need to take another medical exam for this.
I've contacted the Doctor's office and asked them for the same. Did you get the same RFE?
Thanks,
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Indirant
01-31 08:22 PM
Hi,
Good work Varsha, are we having the conf call today let us know.
Thanks
Sekar
Good work Varsha, are we having the conf call today let us know.
Thanks
Sekar
met3259
08-20 11:35 AM
got my FP notice today..
I485 RD - 7/2/2007
ND - 8/3/2007
FP Date - 9/04/2007 (FP Notice received 8/18/2007)
Service Center - NE
I have a question for gurus...we applied for AOS for my child also who is 6 years old. Is there FP for the children?
My kids are 7 & 9. Our fingerprinting and photo date is this Saturday Aug 25.
I485 RD - 7/2/2007
ND - 8/3/2007
FP Date - 9/04/2007 (FP Notice received 8/18/2007)
Service Center - NE
I have a question for gurus...we applied for AOS for my child also who is 6 years old. Is there FP for the children?
My kids are 7 & 9. Our fingerprinting and photo date is this Saturday Aug 25.
485Mbe4001
07-11 03:35 PM
thanks. now wonder EB3 -I is screwed. I just need to apply in EB2.
Previously, the policy was that all worldwide numbers would fall down into worldwide third and then from there, fall across to the countries impacted by retrogression (i.e. India, China). The policy was recently clarified and today the unused numbers are allocated within the same preference classification.
Previously, the policy was that all worldwide numbers would fall down into worldwide third and then from there, fall across to the countries impacted by retrogression (i.e. India, China). The policy was recently clarified and today the unused numbers are allocated within the same preference classification.